China National Intellectual Property Administration has issued a notice on processing patent term compensation.

The Rules for the Implementation of the Patent Law and the Guidelines for Patent Examination will be come into force on 20 January 2024, in which the fee relating to the compensation for the term of patent will be implemented after the development and reform department of the State Council, the financial department, and the National Intellectual Property Administration of the State Council have issued the policy on the standard of the patent fee and the policy of reducing the fee (hereinafter referred to as the "fee policy"). On 18th January 2024, the CNIPA issued a notice on the handling of patent term compensation business, which clarifies the filing method, timing of filing, fees, material requirements, examination and notification, registration and announcement, information query, and remedies for patent term compensation requests.

I. Mode of Submission

If a request for patent term compensation is filed from 20 January 2024 (inclusive), or if a paper request for patent term compensation is filed from 1 June 2021 onwards and needs to be processed for subsequent business, it shall be processed in the same way as the current business of the patent concerned. The electronic applications shall be filed in the electronic forms, and the paper applications shall be filed in the paper forms.

II. Timing of Submission

Where the patentee requests for patent term compensation in accordance with Paragraph 2 of Article 42 of the Patent Law, the patentee shall submit the request to the CNIPA within three months from the date of the announcement of patent grant. If the patentee requests compensation for the term of the patent of a pharmaceutical product in accordance with Paragraph 3 of Article 42 of the Patent Law, the patentee shall submit a request to the CNIPA within three months from the date of obtaining the marketing authorization for the new pharmaceutical product in China. If the request for compensation for the term of patent in accordance with Paragraph 2 and Paragraph 3 of Article 42 of the Patent Law is delayed in the above stipulated period, there shall be no restoration period.

III. About Fees

Where a request for patent term compensation is made before the issuance and implementation of the fee policy, the fee shall be paid within three months from the date of implementation of the fee policy in accordance with the patent fee standards announced in the fee policy.

After the issuance and implementation of the fee policy, if a patentee makes a request for compensation for the term of the patent in accordance with Paragraph 2 of Article 42 of the Patent Law, he shall pay the fee in accordance with the patent fee standard published in the fee policy within three months from the date of the announcement of the authorization of the patent. Within three months from the date of obtaining the licence for the new drug in China, the request for compensation for the term of the patent right of the drug shall be made in accordance with the fees and charges.

If the fees are not paid after the expiry of the time limit or are not paid in full, the CNIPA will make a decision of not granting patent term compensation.

If the CNIPA makes a decision on granting patent term compensation, the patentee shall, in accordance with the requirements of the decision on granting patent term compensation, pay the relevant fees in accordance with the patent fee standards announced in the fee policy.

IV. Submission

Starting from 20 January 2024, if the patentee makes a request for compensation for the term of the patent right for pharmaceutical products in accordance with Paragraph 3 of Article 42 of the Patent Law, the patentee shall, in accordance with Section 3.3 of Chapter 9 of Part V of the Guidelines for Patent Examination, submit materials proving that the designated claims include the relevant technical scheme of the new pharmaceutical product, and explain the reasons for such submission. (c) The patentee shall submit the materials to prove that the designated claims include the technical programme of the new drug and explain the reasons.

If a request for compensation for the term of pharmaceutical patent right is filed before 20 January 2024, the supporting materials can be submitted on the initiative and with justifications through the Statement of Opinion, or the supporting materials can be submitted by replying to the "Notice of Correction of Procedures" or the "Notice of Examination Opinion on Compensation for the Term of Pharmaceutical Patent ".

V. Review and Notification

If the request for patent term compensation is submitted in accordance with Article 42(2) and (3) of the Patent Law from 1 June 2021 onwards, and if the fees are paid within the prescribed period, the CNIPA will initiate the examination.

If the request for patent term compensation is submitted in accordance with Paragraph 2 of Article 42 of the Patent Law and the examination meets the conditions for term compensation, the CNIPA shall issue the Decision on Examination and Approval of Patent Term Compensation, make a decision on granting the term compensation and inform the number of days of the term compensation; if the examination does not meet the conditions for term compensation, the National Intellectual Property Administration shall issue a Notice of Completion of Handling Procedures or a Notice of Examination Opinions, depending on the circumstances. If the correction or opinion statement still fails to meet the conditions for term compensation, the CNIPA issues the Decision on Approval of Term Compensation for Patent Right and makes a decision of not compensating for the term.

If a request for term compensation for pharmaceutical patent right is made in accordance with Paragraph 3 of Article 42 of the Patent Law and the conditions for term compensation are met after examination, the CNIPA shall issue a Decision on Approval of Term Compensation for Pharmaceutical Patent Right, make a decision on granting the term compensation, and notify the number of days for term compensation. If the conditions for term compensation are not met after examination, the CNIPA shall, depending on the circumstances, issue a Notice of Correction of Handling Procedures or a Notice of Opinions on Examination of Term Compensation for Patent Rights of Medicines, and if the conditions for term compensation are still not met after the corrections or statements of opinions, the CNIPA shall issue a Decision on Examination and Approval of Term Compensation for Patent Rights of Medicines and make a decision of not providing term compensation.

In the procedure of reviewing the term compensation of patent right, the designated response period of the notice is one month.

VI. Registration and Announcement

After the CNIPA makes a decision on granting patent term compensation, it will register the relevant matters in the Patent Register and announce them in the Patent Gazette, which include the following matters: IPC main classification number, filing date, patent number, date of authorization announcement, name of the pharmaceutical product and approved indications (only for patent term compensation for pharmaceutical products), date of expiry of the original patent term, and date of expiry of the current patent term.

VII.Information Enquiry

The approval decision of patent term compensation can be searched in the "Patent Examination Information Enquiry" of the patent processing system.

VIII. Remedial Measures

If someone not satisfied with the approval decision of patent term compensation, then can apply for administrative reconsideration to the CNIPA.

ZLWD Commentary：

The Circular connects the Implementing Rules of the Patent Law and the Patent Examination Guidelines, and clarifies the submission, examination and relief measures for patent term compensation applications, so as to effectively promote the implementation of the patent term compensation system.

China National Intellectual Property Administration issues Circular on Payment of Fees for the Application for the International Registration of a Design to the International Bureau through the State Intellectual Property Office (SIPO)

On 16 January 2024, the CNIPA issued a notice on the payment of fees for the application for international registration of a design to the International Bureau through the SIPO. Since the implementation date of the patent fee standards and payment reduction policy issued by the development and reform department of the State Council, the financial department and the State Intellectual Property Office, the parties who have filed the application documents for the international registration of a design through the CNIPA, in accordance with the provisions of Part VI, Chapter 1, Section 4.1 of the Patent Examination Guidelines, pay the fees related to the application for the international registration of a design to the International Bureau through the State Intellectual Property Office.

1. Method of Payment of Fees. Where the fees are paid through the State Intellectual Property Office, the party shall pay the fees online through the patent processing system or directly to the CNIPA (excluding patent offices) in person, and the International Bureau shall take the date on which the fees are received in its account as the date of payment.

2. Procedures for Payment of Fees. The applicant should tick the mark of fees collected by the CNIPA the DM/1 form when submitting the application documents, and pay the fees as soon as possible after receiving the notification of transmission. When paying the fee, the applicant should fill in the transmission number and the name of the fee to be paid. The transmission number is recorded in the notification of transmission, and the name of the fee is the fee for filing an application for the international registration of a design. If the application documents have been transmitted to the International Bureau, the applicant shall pay the fees directly to the International Bureau. The CNIPA shall issue to the party concerned a bill for the settlement of the funds of the central administrative institutions (electronic bill).

3. Amount and Currency of Payment. If the fee is transmitted through the CNIPA, the party shall calculate the amount of Swiss francs to be paid through the Hague System Fee Calculator on the website of the International Bureau, and convert it into Renminbi in accordance with the exchange rate of the month in which the application document is received as recorded in the notification of transmission (see the Hague Column on the website of the CNIPA).

ZLWD Commentary：

The Notice refines the provisions of Part VI, Chapter 1, Section 4.1 of the Patent Examination Guidelines on the payment of fees for international proceedings, so that the payment of fees related to the application for international registration of a design to the International Bureau through the CNIPA will facilitate the parties concerned in filing the application for international registration of a design.

The State Council has revised the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China

In order to adapt to the relevant institutional arrangements of the new patent law and strengthen the reasonable connection with international rules such as the Patent Cooperation Treaty, The Detailed Rules for the Implementation of the Patent Law of the People's Republic of China (the Detailed Rules) have been revised from the following five aspects: First, to improve the patent application system, Relax the novelty grace period, Introduce the principle of good faith to crack down on abnormal patent applications; Second, to improve the patent examination system, To adjust the time limit for patent confidential examination, The applicant may request the delayed review according to the latest technological progress; Third, to strengthen patent administrative protection, Refine the system of invention patent term compensation and drug patent term compensation, Provide compensation for the unreasonable delay in the authorization process of invention patents and the marketing review and approval process of new drugs; Fourth, to improve patent public services, Asked the patentee to specify the core terms of the patent license in the open license statement, Encourage the incentive of property rights to the inventors or designers of job-related inventions or creations, Promoting the creation, transformation and application of patents; Fifth, to strengthen the connection with international rules, Refine the international application requirements for appearance design, And extend domestic priority to design patent applications filed in China. The Detailed Rules will come into force on January 20,2024.

ZLWD Commentary：

The revised Detailed Rules for the Implementation of the Patent Law of the People's Republic of China show China's continuous reform and innovation efforts in the patent field. By improving the patent application, review, administrative protection and public service, it helps to improve the adaptability, flexibility and international competitiveness of the patent system. This is of positive significance to promoting innovation, protecting intellectual property rights, and promoting the integrated development of science and technology and industry.

The Supreme People's Court has responded to whether the judgment documents will be published online in the future

Regarding the question of whether the judgment documents will still be published online in the future, The Supreme People's Court said, Now the public network of judgment documents will continue to play its due role, And adhere to the following principles: First, In strict accordance with the law, In the future, a combination of online disclosure and offline inquiries will be used, Fully protect the public's right to consult the effective documents in accordance with the law; second, The principle of prudence and appropriateness, More carefully coordinate and balance the relationship between the public's right to know, the right to know, supervision and data protection, information security and personal privacy, Give full play to the function of good cases and good documents in cultivating citizens' legal awareness and promoting the modernization of national and social governance; third, The principle of supervision by law, In conjunction with relevant departments to punish the use of documents and data to damage national security and judicial authority, Infringing upon the legitimate rights and interests of citizens and enterprises, Violation of market order and other illegal acts.

 In order to better implement the "give full play to the role of good cases and good documents" in the next step, and to solve the problems of inconvenient use, inaccurate retrieval and different standards of the judicial documents network, the Supreme Court decided to build the "People's Court case database" in July 2023. So far, the case library, has included more than 2,000 reference cases.

The person in charge of the relevant department of the Supreme Court said that compared with the previous public way of "uploading the judgment documents and simple accumulation", the case library will include authoritative cases that have reference demonstration value and are approved by the Supreme People's Court, and will become the "upgraded version" of the application and efficiency of the judgment document network in the future. The two are complementary and complement each other, not to replace the network, open the other.

ZLWD Commentary：

The Supreme People's Court's response on the disclosure of the judgment documents reflects the court's balanced consideration in protecting the public's right to know, supervision and privacy protection. Through the combination of online disclosure and offline inquiry, the public can better meet the right to consult the effective documents. It emphasizes that while protecting citizens' legal awareness, it should strengthen the supervision of document data and sanction the illegal use of document data, which will help safeguard national security, judicial authority, as well as the legitimate rights and interests of citizens and enterprises. The construction of "People's Court Case Bank" provides effective means for providing more targeted reference cases, aiming to optimize the disclosure mechanism of judgment documents, providing more efficient support for the construction of the rule of law, and reflecting the innovation and progress of the court in information disclosure.

The Supreme People's Court issued the 39th batch of guiding cases

To thoroughly study and apply xi jinping, general secretary of the important instructions about intellectual property work spirit, dynamic judicial, "grasp the front end, cure not disease", actively explore the rules of intellectual property case referee rules, the way, actively play the specification of intellectual property referee guide demonstration leading role, the Supreme People's Court selection determine eight pieces of intellectual property project guidance case, covering patent, copyright, integrated circuit layout design, unfair competition, antitrust and other intellectual property and competition. We will respond to social concerns in a timely manner and constantly meet the needs of innovative subjects for judicial protection. Among them, the guiding case 217 " cixi city bo a plastic products co., LTD. V. yongkang united a industry and trade co., LTD., Zhejiang day a network co., LTD.,

infringement of utility model patent dispute has been clear about the e-commerce platform of intellectual property infringement disputes, the infringer for reverse behavior preservation and guarantee of judicial review rules. Guiding case No.218, The Dispute of Suzhou Saisome Electronic Technology Co., Ltd. and Shenzhen Yu Technology Co., Ltd., etc. clarified the infringement of the nature of the registration behavior of integrated circuit layout design and the original identification rules of the layout design. Guiding Case No.219, Guangzhou Tianxin Materials Co., LTD., Jiujiang Tianxin Materials Co., Ltd., etc. v. Anhui New Fine Chemical Co., Ltd., clarified the identification rules for judging whether the infringement of intellectual property rights constitutes serious circumstances and applying punitive damages. Guiding Case No.220, The Dispute Case of Jiaxing Zhongxin Chemical Co., Ltd., Shanghai Xin New Technology Co., Ltd., Ltd., Ningbo Wang Technology Co., Ltd., Ltd., clarified the identification rules for the use of all technical secrets and the calculation rules for the amount of damages for intentional infringement. Guiding Case No.221 "Monopoly Dispute Cases of Zhang Mouxun v. Yibin Heng Investment Group Co., Ltd., Sichuan Yibin Wu Building Materials Industry Co., Ltd., etc." clarified the rule that the losses of the operators involved in the horizontal monopoly agreement during the participation and performance of the agreement are not protected by law. Guidance case no. 222 the Guangzhou, a aquatic equipment technology co., LTD. V. Guangzhou yu a aquatic science and technology co., LTD., a south aquatic research institute property damage compensation dispute has been clear about the registration of the owner of the patent during the patent ownership dispute shall abide by the principle of good faith, the application of goodwill maintenance patent validity obligations. Guiding Case No.223 Zhang Long v. Beijing Die Culture Communication Co., Ltd., Cheng, Ma, Infrasion of the Right of Network Communication of Works Information clarified the rules for determining the jurisdiction of civil dispute cases of infringement of the right of network communication of works information.

Guiding Case No.224 The Dispute of Momei (Tianjin) Image Technology Co., Ltd. v.Henan Lu ApIndustry Co., Ltd. for infringing on the Right of Network Communication of Works Information. It clarified that in the case of dispute of ownership of copyright, the rules of proof of copyright ownership cannot be determined only by watermark or declaration of right.

ZLWD Commentary：

Issued by the Supreme People's Court of 39 batch of guiding cases involved in the field of intellectual property rights, for the electronic commerce platform of intellectual property infringement, integrated circuit layout design patent disputes, technical secret disputes made clear, for the field of judicial referee provides specific guidance, to safeguard the legitimate rights and interests of intellectual property rights has a positive role.

The General Office of the State Council issued the Reform Plan for the Division of Fiscal Authority and Expenditure Responsibilities between the Central and Local Governments in the Field of Intellectual 

On the whole, the plan requires to give full play to the active system and mechanism of the central and local governments, clarify the relationship between power and responsibility, strengthen the financial authority of the central government in the field of intellectual property protection, and give local governments more autonomy, so as to comprehensively strengthen the work of intellectual property protection. The Plan mainly provides for the division of financial powers between the central and local governments in the seven aspects of macro-management of intellectual property rights, authorization and confirmation, application and promotion, protection, public services, foreign-related work and other matters. We will confirm the scientific and rational division of fiscal powers that has been formed in practice, add the central fiscal powers with relatively mature conditions, reduce and standardize the common fiscal powers of the central and local governments, give local governments more autonomy, and fully mobilize their enthusiasm. The Plan will take effect from January 1,2024.

The Central Economic Work Conference stressed the need to deepen reform in key areas, making it clear that a new round of fiscal and tax reform should be planned. The reform of the division of fiscal powers and expenditure responsibilities involves the political, economic, social, cultural and ecological fields. It is a complex and systematic project that affects the whole body. In the next step, it is necessary to strengthen the coordination with education, social security, healthcare and other related reforms on the basis of the promoted reform, so as to form a benign interaction. In addition, we should summarize the experience and achievements of the reform, study and formulate the inter-governmental fiscal relations law, and improve the rule of law and standardization of fiscal authority and expenditure responsibility. This reform will be deepened, equal access to basic public services will be further improved, and the people's livelihood security net will be tighter and stronger.

ZLWD Commentary：

The plan focuses on intellectual property protection. By clarifying the relationship between the central and local governments, the central government emphasizes the fiscal authority in the field of intellectual property, while giving local governments more autonomy. The financial powers of the central and local governments are divided in terms of intellectual property management, authorization, promotion and protection, and scientific and reasonable division is emphasized to mobilize the enthusiasm of local governments. This reform is expected to further promote intellectual property protection and promote the equalization of basic public services, but the coordination needs to be paid in the implementation process to form a benign interaction.

State Administration for Market Regulation Order No.88 published

To effectively prevent and investigate fake enterprise registration illegal behavior, crack enterprise is false registration problem, strengthen the punishment of submit false materials, speed up the construction of integrity law-abiding market order, continue to optimize the business environment, build legal environment of promoting the development of high quality economy, market supervision administration recently issued the prevention and investigate counterfeit illegal enterprise registration regulations (hereinafter referred to as the regulations), will be implemented on March 15,2024.

"Regulations" points out that, one is to adhere to the source of prevention. In order to better prevent the counterfeiting of others, it is clear that both natural persons and enterprises need to cooperate with the registration authority to strengthen the management of state-owned assets, the registration authority shall check and compare the registration information and property registration information. If the information does not meet the relevant requirements, the registration shall not be granted. Second, we will continue to ensure whole-process prevention and control.

Resolutely implement the implementation of the CPC Central Committee and the State Council decision deployment, in accordance with the equal protection of the legitimate rights and interests of all kinds of operators, in practice of fake state-owned enterprises, well-known enterprises and enterprises with foreign investment illegal concealment, spread fast, social influence, put forward the strengthen identity check, strengthen department collaboration, implement information than check, improve the cancellation registration procedures, to enterprise investigation in accordance with the law, severely punish illegal intermediaries illegal behavior system measures. Third, we need to solve the difficult problems of investigation and punishment. In view of the problems of difficult and expensive identification in the investigation and punishment of counterfeit enterprises, it is clear that the registration authority can make decisions on administrative punishment and cancellation of enterprise registration in combination with the appraisal opinions issued by institutions with legal qualifications or the written opinions issued by relevant departments. Fourth, strictly standardize the behavior of enterprise registration agents. It clearly requires the intermediary organization to indicate its agency identity when handling registration business; shall not provide false information or materials by improper means; and shall not apply for enterprise registration for the purpose of transfer for profit, thereby damages the social and public interests or hindering the social and public order. 

Where an intermediary institution has engaged in relevant illegal agency acts for many times, or has other serious circumstances, it shall be given a heavier punishment according to law. Fifth, we will strengthen accountability. Those who submit false materials or conceal important facts by other fraudulent means to obtain enterprise registration shall be ordered by the registration authority to make corrections according to law, confiscate the illegal gains and impose a fine. The directly responsible person shall not apply for enterprise registration again within 3 years, and shall be included in the list of serious violations and trust-breaking in market supervision and administration according to law.

After the implementation of the Regulations, the market regulatory authorities will continue to standardize the management order of enterprise registration, do a good job in preventing and investigating the illegal acts of counterfeit enterprise registration, effectively maintain the order and safety of transactions, and equally protect the legitimate rights and interests of all types of business entities in accordance with the law.

ZLWD Commentary：

The release of the regulations aims to strengthen the prevention and investigation of illegal registration of counterfeit enterprises, reflecting the powerful measures taken by the State Administration for Market Regulation to build an honest and law-abiding market order and optimize the business environment. Through various measures, such as source prevention, whole-process prevention and control, solving the investigation and punishment problems, standardizing the agency behavior, and strengthening the accountability investigation, it is expected to effectively reduce the illegal behavior in the field of enterprise registration, and protect the legitimate rights and interests of all kinds of business subjects. It has positive social significance in maintaining transaction order and security and promoting the construction of legal environment.

Qingdao Intermediate People's Court ruled the country's first XR unfair competition case

Recently, Qingdao Intermediate People's Court ruled the first instance of the country's first XR unfair competition case in China, ordering the defendant to stop infringement and compensate the plaintiff for economic losses and reasonable expenses of 300,000 yuan. Both the original and the defendant have not appealed, and the defendant has taken the initiative to complete the performance.

The core PICO products operated by the plaintiff, Hainan Chuangjian Future Technology Co., Ltd., and Qingdao Chuangjian Future Technology Co., Ltd., include VR all-in-one machine products, and provide auxiliary functions through the "PICOVR Assistant" App and other software. The defendant wang mou in the operation of a VR website PICO all-in-one game zone page it can provide a large number of PICO game resources, the PICO resources need to pay membership fees become a VR website members, by the defendant through a VR website to provide users with PICO account and password information, and guide a VR website paying users use account and password access to PICO game resources. In addition to providing users with PICO accounts and PICO games, the defendant also guided and helped users to use the cracked version of PICO games in various means, and provided corresponding tutorials and tools.

After hearing, the court found that there was a competition between the two plaintiffs and the defendant. As an operator of the Internet industry, the defendant still commits the infringement under the premise that the game account should not be transferred, rented and lent and the real-name system of the Internet account, which violates the principle of fairness and integrity and violates relevant laws and business ethics, which is obviously illegal. The defendant's paid provision of PICO account leasing service has caused serious damage to the legitimate rights and interests of the plaintiff. On the one hand, the defendant's behavior destroyed the plaintiff's regulations and restrictions on the use of PICO accounts based on independent management rights, increased the cost and pressure on the plaintiff's management of the use of PICO accounts, and disturbed the normal operation order and ecology of PICO. The defendant, on the other hand, lead to a large number of users do not need to register PICO account, pay to buy games, but can directly through the way of leasing account for PICO game resources, destroyed the plaintiff PICO product operation mode and profit way, impaired the plaintiff about paid resources potential trading opportunities, makes the belongs to the plaintiff's income, user traffic is affected by substance, directly damage the plaintiff based on the user content and operating income. The defendant transformed the obstruction of the operation and management of the two plaintiffs into their own competitive advantages, which also had a negative impact on the ecological environment of the industry where the Internet industry platform operators gained competitive advantages through legal operation and standardized management, disrupting the order of market competition and damaging the legitimate rights and interests of the plaintiffs. It constitutes the unfair competition act stipulated in Article 2 of the Anti-Unfair Competition Law.

XR (Extended Reality, extended reality) refers to the combination of real and virtual computer interaction to create a virtual environment. It is a general term for VR (Virtual Reality, virtual reality), AR (Augmented Reality, augmented reality), MR (Mixed Reality, mixed reality) and other technologies. VR devices are the predominant players in the current application market. VR is a simulation technology based on computer applications, which has been widely used and developed in games, entertainment, education, medical care and other fields. But in the process of VR industry and technology by leaps and bounds, appeared a large number of "parasitic" in VR ecological and eating as the phenomenon of business model, such as a VR website business model, paying users can directly through the way of leasing account PICO game resources, destroyed the PICO product operation mode and profitability, makes the belongs to the PICO revenue, user traffic, direct damage PICO based on the game content and operating income.

ZLWD Commentary：

This case explores and solves the problem of confirming the competitive relationship between non-industry competitors under the new business models and competitive business forms derived from the era of Internet platform economy. The court's clear ruling on the unfair competition behavior in the XR industry, which helps to safeguard the legitimate rights and interests of legitimate enterprises and protect the healthy development of innovation and business model. This also provides legal support for the standardized operation of the XR industry, and is expected to promote more enterprises to follow the principle of fair competition in the future, and jointly promote the sustainable development of the industry.

The China Intellectual Property Society has issued two group standards, including the Methods for the Identification of Standard Necessary patents

On December 28, in China intellectual property research institute (hereinafter referred to as the institute) on the eighth session of the second standing council, the institute officially issued the "standard necessary patent recognition method" the intellectual property infringement damage assessment method " two group standards, for the relevant subject specification standard necessary patents, scientific infringement damage compensation assessment work to provide guidance and reference.

With the explosive growth of the number of standard necessary patents, the license amount of standard patents and the number of lawsuits, the voice of the subject is increasingly high. In order to further enhance the standard necessary patent recognition accuracy and efficiency, guide the relevant subject in accordance with the unified, standardized standard work, solve the relevant industry standard necessary patent "what"  "how", research joint China standardization association jointly issued the standard necessary patent recognition method group standards, China academy of information communication, fangyuan mark certification group, ink hill technology, China mobile, tencent technology, baidu, ByteDance and other more than 50 units to participate in the drafting. The standard, the standard necessary patent of principles, steps, processes and the content of the report requirements, help relevant subject master the specific method of necessary patent, familiar with the process, to promote the scientific standard necessary patent management, implementation and evaluation work provide guidance.

Release the intellectual property infringement damage compensation assessment method group standard, is the institute to implement the "power of intellectual property rights construction outline (2021-2035)" the patent transformation using special action plan (2023-2025) " and other related tasks deployment of an important measure, aims to get through intellectual property transformation key points, activate the intellectual property using endogenous power. More than 10 units, including National Pipeline Network Group North Pipeline Co., Ltd., Shanghai Siemens Medical Device Co., Ltd., and Kuaishou Technology, participated in the drafting of the standard. The formulation and release of this group standard can standardize the assessment methods of intellectual property infringement damage, clarify the fine calculation standards of intellectual property infringement damage, optimize the intuitive way of reflecting the value of intellectual property rights, and further strengthen the awareness of intellectual property protection of the whole society.

This release is a centralized release of the 2023 group standard results in the field of intellectual property 2023. In the future, the association will organize publicity and implementation training and field research on standard content, promote the effective implementation of standard content, and provide strong support for transforming the advantages of intellectual property system into a strong driving force for innovation and development.

ZLWD Commentary：

The group standards of Methods for Identification of Standard Necessary patents and Methods for Evaluation of Compensation for Intellectual Property infringement Damage issued this time provide scientific and unified guiding standards for the identification of standard necessary patents and the assessment of intellectual property infringement damage. This plays a positive role in regulating the behavior of relevant subjects, improving the accuracy and efficiency of identification, and solving the problems existing in the identification of standard necessary patents. This move reflects the importance of the standardization and standardized management in the field of intellectual property, and is expected to provide more powerful support for the application and protection of intellectual property. In the special action of building a strong country in intellectual property rights and the transformation and application of patents, the release of these group standards will help to break through the key obstacles and promote the implementation of the application and protection of intellectual property rights in the whole society.

The State Intellectual Property Office: Standardize the registration and administration of collective trademark certification and trademark

Recently, the State Intellectual Property Office promulgated the Provisions on the Registration and Administration of Collective Trademark and Certification Trademarks (hereinafter referred to as the Provisions) to guide the registration of collective trademark and certification trademarks, maintain the fair competition and market order, and protect their rights; clarify the boundaries of rights, take into account the legal use of trademarks with others; promote the combination of administrative administration and take comprehensive measures to promote the development of local industries.

The regulations to strengthen the management requirements of the registrant and user: on the one hand, the registrant shall, in accordance with the use management rules of daily management, including allowing members, others to use the collective trademark, certification trademark, timely public collective members, user information and use management rules, check the use of others behavior in accordance with the requirements of the use management rules and use the trademark goods meet the quality requirements, timely cancel does not conform to the use of the use of the use of qualification, etc. The collective trademark registrant shall not permit a non-collective member to use the collective trademark. The certification trademark registrant cannot use the certification trademark on the goods provided by himself. At the same time, for the purpose of managing and applying the collective trademark and proving the trademark, the registrant may charge reasonable fees based on the principle of fairness and rationality, and determine the amount of fees, payment method, payment period and other matters through negotiation. On the other hand, the user may use the collective trademark or the certification trademark after performing the procedures stipulated in the use management rules, and shall ensure that the commodities using the collective trademark or the certification trademark meet the quality requirements of the use management rules. The user may use the collective trademark and the certification trademark at the same time as his own registered trademark. Commodities produced outside the territory shall not be used as geographical indications for the registration of certification trademarks or collective trademarks.

The Provisions add provisions on the registration and proper use of place names and trademarks. Considering that place names belong to public resources, it is stipulated that the collective trademarks and certification trademarks including place names shall not harm the social and public interests. Focus on the people concerned, refining others properly use trademark containing place names, including used in enterprise name size, in the ingredients, bags use shows that the product and the origin of raw materials, and clearly shall describe for the purpose of the facts and in accordance with business practices, shall not violate other laws and principle requirements. If others use collective trademarks, place names and commodity names in the form of special snacks, dishes, detailed display of Internet commodities and do not mislead the public, it is also classified as legitimate use.

ZLWD Commentary：

By strengthening the management requirements of registrants and users, the Provisions strengthen the management system of collective trademarks and certification trademarks. Among them, the registration and use of place names and trademarks have made detailed provisions, aiming at safeguarding the social and public interests, standardizing the use methods, and reducing the possibility of abuse of place names and trademarks. This move will help improve the transparency of trademark registration and use, and create a more favorable environment for fair competition and market order. By regulating the use of place names and trademarks, it is helpful to protect public resources and maintain the authenticity and legitimacy of geographical indications.